THE recent on-line Al Quad publication "Resurgence" has highlighted the risk of terrorist attack on shipping, say hostage negotiators Holman Fenwick Willian, who advise shipowners to do more to protect themselves.
The London law firm which recently negotiated the release of seven crewmen from Somalia pirates pointed to the "Resurgence" article, ominously entitled "On targeting the Achilles Heel of Western Economies".
"The threat from Al Qaeda is a stark reminder that the maritime community remains vulnerable to terrorist attack at sea, and vessels transporting energy should be particularly alive to the risks," said a paper from the firm.
Holman Fenwick Willan recommend that shipowners should continue to place emphasis security enhancement.
"Parties should also review the provisions contained in their contracts of carriage and insurance policies regarding terrorism and ensure that they are aware of the steps they need to take in the event of a terrorist incident," said the paper.
The "Resurgence" article speaks of the vulnerability of certain key global maritime chokepoints through which the most of the world's energy is shipped every day.
Said the article: "Even if a single supertanker (or even an ordinary westbound cargo-vessel) were to be attacked in one of the chokepoints or hijacked and scuttled in one of these narrow sea lanes, the consequences would be phenomenal: a spike in oil prices, an increase in shipping rates, more expensive maritime insurance, and increased military spending to ensure the safety of these sea passages."
A key issue for the maritime community, say the law firm, is the way in which contracts of carriage deal with acts of terrorism and how this might impact rights and liabilities within the supply chain.
"Charterparties may contain provisions allowing for the termination or suspension of the charterparty in the event of a terrorist attack.
"By way of example, the Supplytime 2005 charterparty contains a Force Majeure 12 clause according to which a party may avoid liability for loss, damage or delay arising out of a terrorist attack.
"However, there are some important conditions imposed upon the party seeking to rely on this provision. In particular, the clause makes it clear that the party must have been hindered or prevented from performing some or all of its obligations under the charterparty," the article said.
But the burden of proof will be on the invoking party to evidence this, said the Holman Fenwick Willan paper.
This is just one of the factors that shipowners and shipmanagers must consider in managing risk in pirate infested waters along coasts which are more sympathetic to terrorist causes than any other.
PIRACY
15 November 2014 - 08:27
Hostage negotiating law firm adds to terrorism to pirate risk list
THE recent on-line Al Quad publication "Resurgence" has highlighted the risk of terrorist attack on shipping, say hostage negotiators Holman Fenwick Will an, who advise shipowners to do more to protect themselves.
PIRACY
15 November 2014 - 08:27
Hostage negotiating law firm adds to terrorism to pirate risk list
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